Testing and evidence

Implied consent and refusal in Alabama

The test requested, legal grounds and applicable statute matter.

Under the cited refusal rule in Alabama: 90 days minimum. The conditions below identify its scope. A roadside screening request, an evidential test and a warrant are not interchangeable legal grounds.

What a refusal does in Alabama

Suspension length after a refusal: 90 days minimum
Other consequences of refusing: Not published yet. We show a figure only once it has been confirmed against the official source and dated.Whether a refusal is separately chargeable, and whether it can be used as evidence, varies by state.
Suspension under the cited rule: Not published yet. We show a figure only once it has been confirmed against the official source and dated.

Roadside tests and chemical tests are different things

Identify what was requested: a field sobriety exercise, a roadside screening test, or a chemical test of breath, blood or urine. Do not assume the same refusal rule applies to all of them. The relevant statute, any warrant, and the circumstances of the request determine the legal question for a lawyer to review.

The two legal questions

The criminal charge and driving privileges can involve different proceedings. The notice, order and cited rule identify the applicable process.

Driving privileges

The licence case

Forum: The agency or court identified by the applicable licence proceeding
Clock: Check the applicable notice or order for the deadline and its starting event

Deadline to request a hearing: The hearing request must be received by ALEA—or mailed and postmarked—within 10 days of the applicable notice of intended suspension or suspension.
Suspension under the cited rule: Not published yet. We show a figure only once it has been confirmed against the official source and dated.
After a refusal: 90 days minimum

Criminal charge

The criminal case

Forum: A criminal court
Clock: Check court notices and orders; no case duration is predicted here

Alcohol-concentration threshold: 0.08%
First-offense penalty rule: Not published yet. We show a figure only once it has been confirmed against the official source and dated.The cited rule may describe a range or a minimum with conditions, not a predicted sentence.